Hassan is 27 years old and finds himself before the Criminal Court of Charleroi for a case which he would have done well. And given the reactions of the court and the prosecution, everyone would have done well. On the night of December 4 to 5, 2020, in the midst of a curfew linked to confinement, he was caught at 5:20 a.m. in a “Covid violation”. He was on the public highway with a person who did not share his household between 10 p.m. and 6 a.m.
“I’m not used to requesting the suspension of the pronouncement myself, but here it seems to be necessary”explained the deputy Crown prosecutor at the hearing. “At 5:20 a.m., the police were called to Châtelet for a road accident. On board the vehicle, they found two people: Mr., injured and who must be taken to hospital, and one of his friends. They do not live at the same address, the curfew applies until 6 a.m. The decree, from the governor and not from the ministry, therefore specifies that this is an offence. this, I proposed via mediation a fine, which was not paid, and so we find ourselves here.”
Caught breaking the rules, so punishment? The devil is in the details. Hassan had gone for a drink with a friend on December 4. But at some point, they realized that it was going to be too late to return, curfew obliges. So he decided to spend the night there. When at 4 o’clock in the morning, an argument breaks out on the spot. Hassan decides to return home as soon as possible. At five o’clock in the morning, he therefore sets off, after more than an hour of waiting – we imagine in a very tense atmosphere following the argument – that the curfew is lifted. “He got the time wrong, he was convinced it was 5 a.m., when it was 6 a.m. No one is supposed to ignore the law, of course, but I remember the confusion of the time , where Brussels, Flanders and Wallonia did not have the same hours. Even in France it was different. So he did not respect the provincial decree, of course, but the confusion is understandable. My client is of good faith. I request the acquittal, or in the alternative the suspension of the pronouncement as recommended by Madam the prosecutor “argues his lawyer.
With an acquittal, Hassan will have no retaliation. With a suspension, if he does not appear again within three years in court, the case will be forgotten and will not taint his record. The court may also decide to punish him to the extent of the offence, either a fine of up to €500 and/or imprisonment for up to 3 months. Judgment May 2.